Chitty J considered whether a debt required a demand to have been made for it to become payable: ‘it is plain that a distinction has been taken and maintained in law, the result of which is that where there is a present debt and a promise to pay on demand, the demand is not considered to be a condition precedent to the bringing of an action. But it is otherwise on a promise to pay a collateral sum on request, for then the request ought to be made before action brought.’
Judges:
Chitty J
Citations:
[1893] 2 Ch 300
Jurisdiction:
England and Wales
Cited by:
Cited – TS and S Global Ltd v Fithian-Franks and others ChD 18-Jun-2007
Appeal against setting aside of statutory demand disputed as to amount of liability under contract.
Held: The guarantors’ liability under the guarantee was immediately payable by them, without the need for a demand, before service of the . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 07 August 2022; Ref: scu.267646
